Will Judge Sullivan Grant DOJ's Motion to Dismiss Charges Against Flynn?

Most American Presidents aren't in the habit of calling FBI agents "human scum" and accusing them of "treason".

But Donald Trump isn't most American Presidents. Today, he used these words casually as he drinks a Diet Coke after the Department of Justice moved to drop charges against former National Security Adviser Michael Flynn for lying to the FBI - a charge to which he plead guilty in open court (twice) and then extensively cooperated with the Mueller probe. Flynn was still awaiting sentence for this charge, but withdrew his guilty plea back in January after firing his legal team and obtaining new counsel.

Of course, this isn't the first time Trump has used such incendiary language against the FBI. Only a week ago, Trump referred to the FBI as "dirty, filthy cops" concerning the Flynn investigation amid allegations of entrapment. Trump predicted Flynn would be "totally exonerated." If one believes there has been a miscarriage of justice against Flynn please keep in mind that in December 2017 Trump tweeted, "I had to fire General Flynn because he lied to the Vice President and the FBI. He has pled (sic) guilty to those lies."

I'm sure Trump will soon deny having ever composed such a tweet. But with COVID-19 deaths in the U.S. climbing above 75,000, Trump needs to rally his base and Attorney General Bill Barr is only happy to oblige and jurisprudence be damned. 

There is one potential fly in the ointment - D.C. District Court Judge Emmet G. Sullivan. He still has to grant DOJ's request. In December 2019, Judge Sullivan was not impressed when Flynn's attorney Sidney Powell demanded DOJ turn over additional evidence and further demanded federal prosecutors be found in contempt and went as far as to characterize Powell's brief as plagiarized. 

I am not discounting the possibility that Judge Sullivan will grant the DOJ's motion. But given Sullivan's no-nonsense disposition and the fact one of the top prosecutors moved to withdraw from the case makes me think that he will rake DOJ over the coals and possibly deny their motion and proceed with sentencing against Flynn. 

In that case then I think President Trump would pardon Flynn and give him his old job back. 

Of course, Trump supporters would love eat that rack of ribs if there wasn't a shortage in the meat supply chain. I suppose Trump supporters will settle for liberal tears. But considering there are now 33 million unemployment claims in the midst of the COVID-19 pandemic I think most Americans have a lot more to cry about.